SUMMARY MINUTES OF A REGULAR BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, SEPTEMBER 11, 2000, AT 7:00 PM
Item 1 - Ceremonies (none)
Item 2 - Public Hearings (none)
Item 3 - Petitions by Citizens and Announcements by Council Members
3a. Petitions by citizens on items on the agenda.
Tom Kern, regarding sidewalk improvements on East Rosemary Street.
Tom Kern, representing Holy Trinity Lutheran Church, requested sidewalk improvements on East Rosemary Street so that church members could safely walk from parking areas to the church. Mr. Kern noted the contributions his church has made to the community and pointed out that Holy Trinity Lutheran Church allows students to park in the church lot during the week. Mr. Kern also said that sewer lines on Pickard Street had been blocked with trash. He explained that, as a result, water runs out and around those lines. Mr. Kern pointed out that this could potentially cause flooding at the church.
Council Member Bill Strom clarified with Mr. Kern that this was a stormwater drainage problem rather than a sewer problem. Town Manager Cal Horton stated that the staff would look into the drainage problem immediately.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO RECEIVE AND REFER THE PETITION. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
3b. Petitions by citizens on items not on the agenda (none).
3c. Announcements by Council Members.
Council Member Flicka Bateman inquired about the status of the School System’s adequate public facilities ordinance. Planning Director Roger Waldon explained that the project was in the hands of the County and that several ordinance drafts had been written. He agreed to call the County Manager to learn more about the status of the project. Mayor Rosemary Waldorf said that she too had inquired about this and had learned that the ordinance was scheduled to come back for consideration this fall and would go through one more Land Use Committee meeting.
Mayor Waldorf explained that it should come back to various boards for adoption soon, including the Town Council. Council Member Strom commented that he had received the same information. Council Member Edith Wiggins added that the document was finished, except for a few important details. She said that the next step would be for Orange County to call an Assembly of Governments meeting to consider it.
Item 4 - Consent agenda: Action Items
Council Member Strom pulled item 4h, - Request for Beechridge Development Company Special Use Permit Time Extension, and requested that the item be discussed early
Mayor Waldorf removed 4i – Tau Epsilon Phi Special Use Permit.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT R-1 WITH 4H AND 4I REMOVED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION ADOPTING VARIOUS RESOLUTIONS AND ORDINANCES
(2000-09-11/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following minutes, resolutions and ordinances as submitted by the Town Manager in regard to the following:
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a. |
Nominations to various boards (R-2). |
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b. |
Budget ordinance amendment to allow for expanded transit services (O-1). |
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c. |
Second reading of BTI franchise request (O-2). |
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d. |
Acceptance of HUD Drug Elimination Grant (R-3, O-3). |
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e. |
Establishing appeal and late penalty procedures for parking violations (O-4 , O-5). |
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f. |
Recommended stop sign installations at the intersection of Dixie Drive/Collums Road/Indian Trail/Seminole Drive (O-6). |
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g. |
Disposition of surplus property (R-4). |
This the 11th day of September, 2000.
A RESOLUTION NOMINATING APPLICANTS TO VARIOUS ADVISORY BOARDS AND COMMISSIONS (2000-09-11/R-2)
WHEREAS, the applications for service on an advisory board or commission or other committees listed below have been received; and
WHEREAS, the applicants have been determined by the Town Clerk to be eligible to serve;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following names are placed in nomination to serve on an advisory board or commission:
Beverly Kawalec
Gary W. Carden
C. Lee Conner
Takcus C. Nesbit
Elizabeth Pringle
This the 11th day of September, 2000.
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-09-11/O-1)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2000” as duly adopted on June 26, 2000 be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
TRANSPORTATION
FUND 6,943,580 270,388 7,213,968
Current Revised
REVENUES Budget Increase Decrease Budget
TRANSPORTATION
FUND 6,943,580 270,388 7,213,968
This the 11th day of September, 2000.
AN ORDINANCE GRANTING A FRANCHISE TO BUSINESS TELECOM, INC., TO PROVIDE TELEPHONE SERVICES IN THE TOWN OF CHAPEL HILL (2000-09-11/O-2)
BE IT ORDAINED by the Town Council of Chapel Hill that the Council hereby grants a franchise to Business Telecom, Inc. (BTI) to operate a telephone system in the Town subject to the following conditions:
Scope of Services
The company may provide the following services:
Telephone and Personal Communications Services, including cellular telephone services pursuant to authority granted by the Federal Communications Commission.
This franchise does not authorize the company to provide cable television or video services, for which a separate franchise could be requested. This franchise does not authorize placement of public use telephones on Town property or public right-of-way.
Relocation Of Equipment
Any of the company's equipment which may be located in public right-of-way or other Town property shall be subject upon 180 days' written notice by the Town to removal or relocation at the company's sole expense to other place(s) satisfactory to the Town Manager; provided that places satisfactory to the Town Manager are available within such period and will not result in a material adverse affect on the quality of company's telephone service provided to the Town; otherwise, such time period shall be extended as reasonably necessary for the company to find an adequate relocation site, provided, however, that the Town Council approves a separate lease agreement.
Subject to the time frames referenced in the preceding paragraph, removal or relocation may also be required by the Town due to street or utility improvements in general, due to public health and safety problems upon a determination by the Town or for other just and reasonable cause as may be determined by the Town.
Upon the Town's determination of an emergency need to remove equipment, such removal shall occur within the time period determined reasonably necessary by the Town after consultation with the company. Emergency needs are not subject to the time limits stated above.
Disturbance of Property within a Right-of-Way; Inspections
Any disturbance of property within or affecting a public right-of-way, as may be necessary for the installation and/or connection of services by the franchisee, must receive prior approval of the Town Manager or Manager's designee and shall be subject to inspection and approval by the Town as provided by Chapter 17, Article IV of the Town Code of Ordinances. The franchisee shall notify the Town Manager’s office 24 hours in advance of the start of any construction that will damage any existing public street or significantly obstruct the flow of traffic.
Term of Franchise
The term of the franchise shall be 20 years from acceptance by the franchisee, with the possibility of renewal subject to filing of a renewal application at least one year before the franchise expiration.
Letter of Credit, Fees and Taxes
The company shall maintain a letter of credit in the amount of $50,000, or a guarantee of company's general partner, acceptable to the Town Manager, with the required amount to be replenished as necessary to maintain the required balance at all times to ensure compliance with all applicable State or local laws, ordinances and regulations and directives of the Town, with terms of the franchise and to ensure payment of any applicable fees and taxes due to the Town. So long as the company is subject to and does pay the state franchise tax imposed pursuant to N.C.G.S. §105-120, the Town shall not, and does not currently, charge a license, privilege or franchise tax on the company, which is not authorized by law and applicable to other similar businesses. Should the Town seek to impose a fee or tax on the company in the future, the company shall have not less than 120 days’ notice prior to the effective date of such fee or tax, and shall have the right to terminate the franchise provided that it shall remove its equipment from the Town property or public right-of-way within 60 days of termination.
Insurance and Indemnification of the Town
The company shall maintain general liability insurance naming the Town as an additional insured party and in a form satisfactory to the Manager. General liability coverage shall be in the amount of at least $1,000,000.
The company shall be required, by acceptance of the terms and conditions of this franchise, to indemnify the Town from all damages that may arise in connection with the company's actions and omissions and to defend the Town at the company's sole expense against any claims in connection with the company's actions and omissions.
Compliance with All Applicable Laws, Ordinances and Regulations
The company shall comply with Town ordinances, construction codes, other policies adopted by the Council, administrative regulations issued pursuant to Council action or policy, with directives of the Town that may be issued under the franchise ordinance terms or general law, provided that such policies, directives, codes, and regulations are consistent with State and Federal laws and regulations, and with all applicable State and federal laws and regulations, including any requirement for State right-of-way encroachment agreements, etc. Failure to comply shall be grounds for revoking the franchise.
Acceptance of Franchise Terms
The company shall, within 60 days of adoption of this franchise ordinance on second reading, accept all terms and conditions of the franchise ordinance.
Revocation Procedure
If the franchise is revoked by the Council for failure to comply with any term or condition of this franchise, the company shall cease utilizing its facilities located on Town property or public right-of-way within 120 days of receiving notice of revocation and remove its equipment from public right-of-way within 180 days. Upon the company's failure to do so, the Town shall have the right to remove the equipment and to draw funds from the letter of credit or to call upon the guarantee to cover such costs.
Before a decision to revoke the franchise, the Council shall adopt a resolution of intent to revoke the franchise with a statement of the reasons for revocation and shall cause a copy of the resolution to be delivered or mailed by first class mail to the company. The company shall have 30 days from receipt of the resolution to respond in writing to the Council's resolution of intent to revoke.
Transfer Of Ownership
A change or changes in ownership of the franchisee cumulatively totaling a 25% or greater interest in the company shall be subject to review and reasonable approval by the Town Council within 120 days of receipt by the Town Manager of a request from the company for review of such a change(s) in ownership. In the event the Town Council reviews and, for good cause duly substantiated, objects to the change in ownership, it shall have the authority to revoke the Franchise in accordance with the procedure set forth in the preceding paragraph.
This the 28th day of August, 2000. (FIRST READING)
This the 11th day of September, 2000. (SECOND reading)
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PUBLIC HOUSING DRUG ELIMINATION PROGRAM GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (2000-09-11/R-3)
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has made funds available to public housing agencies to assist in the elimination of drug-related crime from their communities; and
WHEREAS, it is in the interest of the Town of Chapel Hill to provide drug prevention, intervention and referral to treatment programs for its residents of public housing; and
WHEREAS, the Department of Housing and Community Development's Drug Elimination Plan was approved by HUD in the amount of $77,019;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to accept the Drug Elimination Plan grant from the U.S. Department of Housing and Urban Development and to make all necessary assurances.
This the 11th day of September, 2000.
AN ORDINANCE TO ESTABLISH A DRUG ELIMINATION GRANT PROJECT ORDINANCE (2000-09-11/O-3)
BE IT ORDAINED by the Council of the Town of Chapel Hill that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina; the following project ordinance is hereby established.
Section I
The project authorized is the Drug Elimination Grant submitted to U.S. Department of Housing and Department of Housing and Urban Development April 2000; funds are as contained in the grant agreement between the Town and by the U.S. Department of Housing and Urban Development.
Section II
The Manager of the Town of Chapel Hill is hereby directed to proceed with the project within the terms of the agreement document(s), the rules and regulations of the U.S. Department of Housing and Urban Development (HUD), and the budget contained herein.
Section III
The following revenue is available to complete the project:
Drug Elimination Grant $77,019
Section IV
The following amounts are appropriated for the projects noted below:
Police Housing Investigator 33,000
Drug Prevention Activities 41,319
Youth Activity 2,700
Total $ 77,019
Section V
The Finance Director is hereby directed to maintain within the Project fund sufficient specific detailed accounting records to provide the accounting to HUD as required by the agreement(s) and federal regulations.
Section VI
Funds may be advanced from General funds for the purpose of making payments as due. Reimbursement requests should be made to HUD in an orderly and timely manner.
Section VII
The Manager is directed to report annually on the financial status of each project in Section IV and on the total revenues received.
This the 11th day of September, 2000.
AN ORDINANCE AMENDING ARTICLE 21 OF THE CODE OF ORDINANCES TO AUTHORIZE AN ADMINISTRATIVE APPEALS PROCEDURE FOR VIOLATION OF TOWN PARKING REGULATIONS (2000-09-11/O-4)
Section 1. Article V, Chapter 21 of the Town Code is hereby amended by adding a new section 21-40 to read as follows:
“Section 21-40. Administrative Appeals.
The Town Manager is hereby authorized:
(a) to establish a procedure to allow persons who receive citations for violation of Town parking regulations to file administrative appeals;
(b) to set deadlines for the filing of such appeals.
Any such procedure shall allow a minimum of 21 days to file an appeal from the date of the parking citation and shall provide for a written notice that outlines the fines and the appeal deadline to be mailed to the registered owner of the vehicle within 10 days of the parking citation.”
Section 2. This ordinance shall be effective upon adoption.
This the 11th day of September, 2000.
AN ORDINANCE AMENDING SECTION 21-38 OF THE CODE OF ORDINANCES ON PARKING VIOLATIONS (2000-09-11/0-5)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-38 Civil Penalties, Paragraph (e) is hereby revised to read as follows:
Section 21-38. Civil Penalties.
(e) Any penalty for a parking violation
that is not paid within fifteen (15) days twenty-one (21) days of
issuance will accrue an additional penalty of five dollars ($5.00) ten
dollars ($10.00) per fifteen (15) days fourteen (14) days
it remains unpaid.”
Section 2. This ordinance shall be effective upon adoption.
This the 11th day of September, 2000.
AN ORDINANCE AMENDING CHAPTER 21 OF THE TOWN CODE OF ORDINANCES REGARDING STOP REGULATIONS (2000-09-11/0-6)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 21-13(a) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by deleting the following:
“Through Streets Stop Streets
Dixie DriveDixie
DriveCollums Road
Seminole Drive
Indian TrailCollums Road
Seminole DriveIndian
Trail
Section 2. Section 21-13(c) of the Town Code of Ordinances, “Right-of-way and stop regulations.” is hereby amended by inserting the following, in appropriate alphabetical order:
“Intersection(s)
Dixie Drive/Collums Road/Seminole Drive/Indian Trail
Section 3. This ordinance shall become effective October 1, 2000.
This is the 11th day of September, 2000.
A RESOLUTION DECLARING 144 ITEMS OF PERSONAL PROPERTY TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE DISPOSAL OF SAID PROPERTY IN ACCORDANCE WITH STATUTORY REQUIREMENTS (2000-09-11/R-4)
WHEREAS, Article 23 of N. C. General Statute 160A and Section 4.16 of the Charter of the Town of Chapel Hill authorized the Town to dispose of surplus property; and
WHEREAS, the Town desires to dispose of certain items of personal property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the following items of personal property are hereby declared surplus:
VEHICLES:
YEAR DESCRIPTION VIN #
1997 Ford Crown Victoria 34230
1997 Ford Crown Victoria 34231
1997 Ford Crown Victoria 34229
1996 Chevrolet Caprice 21634
1996 Chevrolet Caprice 16225
1995 Ford Taurus 37911
1995 Chevrolet Caprice 78668
1995 Chevrolet Caprice 36766
1995 Chevrolet Caprice 35912
1994 Chevrolet Caprice 40571
1994 Chevrolet Caprice 38730
1993 Chevrolet 3500 Truck 29228
1993 Chevrolet 3500 Truck 93386
1992 Ford F-350 Truck 62049
1992 Chevrolet Blazer 30249
1992 Crane Garbage Truck 80424
1991 Plymouth Acclaim 83470
1991 Chevrolet Blazer 46929
1991 Chevrolet Blazer 74770
1991 Ford Taurus 44545
1991 Chevrolet C-20 Truck 56677
1990 Ford Taurus 64870
1990 Chevrolet Caprice 27304
1990 Chevrolet 2500 Truck 81352
1990 Ford F-800 Truck 19109
1989 Ford Crown Victoria 83639
1989 Ford F-700 Truck 47973
1989 Ford F-700 Truck 47655
1989 Ford F-700 Truck 47654
1989 Ford F-700 Truck 22677
1988 Chevrolet Caprice 55011
1988 Chevrolet Caprice 48859
1988 Chevrolet Celebrity 20186
1988 Ford F-700 Truck 32132
1988 Ford C-8000 Truck 22104
1985 Ford F-700 Truck 63241
1985 Ferguson Tractor 46 3068
1984 Dodge Van 83615
1984 Chevrolet C-30 Truck 18108
1984 Chevrolet C-30 Truck 18597
1984 Hardee Trailer 59015
1984 Hardee Trailer 59021
1983 Ford F-600 Truck 26923
1983 Dodge Van 71145
1982 Ingersol P-175AWN 126552
1981 Hardee Trailer 816919
1980 Hardee Trailer 806699
1978 Home Made Trailer 44554
1976 Trailer 16310
OFFICE FURNITURE AND EQUIPMENT:
(5) Desks
(8) Office Chairs
(8) Straight Chairs
(1) Olivetti ET 121 Typewriter & Supplies
(1) IBM Selectric Typewriter
(1) Muratec F60 Fax Machine
(1) Moore T-Switch Box, 4 Port for Networking Printer Model 06993
(1) Tape Recorder
(1) Box of Telephone Equipment
(1) 24” Desk Side Mobile File
(1) 3’ x 8’ Table
(1) Telephone
COMPUTER, MONITORS, PRINTERS & ACCESSORIES:
(2) PC IBM Compatible
(1) Macintosh Centris 610 Computer
(4) Compaq CPU
(5) Compaq Monitors
(6) Mouse
(1) Compaq Server with Monitor
(5) Assorted Monitors
(1) Laptop
(4) Printers
MISCELLANEOUS EQUIPMENT AND SUPPLIES:
(2) Ovation Speakers
(1) Sanyo Refrigerator
(1) Refrigerator (Brand Unknown)
(1) Gym Floor Matting 4 x 5’
(1) Gym Pad 2 x 5’
(1) Ultra Max Pool Vacuum
(1) Pace Clock
(1) Volleyball Set
(1) Metal Desk
(1) Beach Umbrella
(1) Small TV Antenna
(1) Glass 2 x 2 ½’
(3) Drum Stand
(7) Steel Window Guards
(3) Truck Tool Boxes (Plastic)
(1) Box of Fire Extinguishers
(1) Box of Hand Tools
(1) Pallet New Bus Parts
(1) Snapper Riding Mower
(1) Push Mower
(1) Weedeater
(1) 6V 92 Motor
(1) Pallet Miscellaneous Bus & Auto Parts
(1) Napa Shop Vac
(1) Metal Bin
(1) Box Miscellaneous Office Supplies
That the Purchasing Agent of the Town of Chapel Hill shall be and is hereby authorized to dispose of this surplus personal property in accordance with statutory requirements.
That the public auction is to take place on Saturday, October 7, 2000, at 10:00 a.m., at the Municipal Operations Facility, 1099 Airport Road.
That prior to public auction the Purchasing Agent is authorized to dispose of any of personal property by sale, lease, exchange, sealed bid, or transfer to other governmental units in conformity with N. C. General Statute 160A-274.
That the terms of the sale shall be to the highest bidder for cash or other form of cash equivalent acceptable to the Purchasing Agent. All sales shall be designated final on the day of the auction.
That all items shall be sold on an “as is” and “where is” basis and the Town makes no guarantee and assumes no responsibility for any of the items.
That it shall be condition of sale that all items purchased shall be picked up and removed from the premises of the Municipal Operations Facility by 3:00 p.m. on the day of the auction. Successful bidders shall bear the sole risk for loss of any items remaining on said premises past the designated time.
This the 11th day of September, 2000.
4h - Request from Beechridge Development Company to Extend the
Completion Time Limit for the Beechridge Development Special Use Permit
Tom Traut, whose home is immediately contiguous to and surrounded by the Beechridge Development, asked the Council to consider R5-b, which would deny the request, until the developer demonstrates that he can act in a responsible and honest fashion. Mr. Traut asked the Council to direct the developer to pay attention to the damage he is doing to adjoining properties and to compensate neighbors for that damage.
Karen Traut, who lives on Bayberry Road, complained that the developer had removed the 25 mph sign two years ago and had not replaced it even though there has been a serious problem with speeding on that road. Ms. Traut remarked that the developer does not appear to think it is his responsibility to replace the sign. She said he had asserted that the State should replace it when the road is repaved. Ms. Traut pointed out that the State had repaved the road three months ago. She asked the Council to put some pressure on the Beechridge developer to put the 25 mph sign back.
Mayor Waldorf suggested deferring the extension until the Town staff had met and talked with the developer about the issues. Mr. Horton agreed.
COUNCIL MEMBER STROM MOVED TO DEFER ITEM 4H UNTIL AFTER THE MANAGER AND STAFF HAD TALKED WITH THE DEVELOPER. COUNCIL MEMBER EVANS SECONDED.
Council Member Brown asked that the motion include the names and addresses of the three other affected neighbors. The mover and seconder accepted.
THE MOTION AS AMENDED WAS ADOPTED UNANIMOUSLY (8-0).
Advisory Board for Sidewalk and Bicycle Facilities
Mr. Horton recommended that the Council receive and refer the Bicycle and Pedestrian Advisory Board’s report so that the Town could prepare for a public forum on October 23rd.
Evelyn Gordon, representing the Board, summarized the report and its recommendations on a proposed spending plan for FY 2000-2001 for sidewalks and bicycle facilities. She said that the only consensus on the Board was that there should be bicycle racks on all Chapel Hill transit buses. Ms. Gordon reported that the Board had agreed to defer all bicycle amenities until they had more time to consider these issues for the next fiscal year. She submitted a written report, and noted that the third, fourth, and fifth tier items on the report were not ranked in any particular order within the tiers.
Council Member Ward, the Council’s liaison to the Board, recommended that the bus bike racks be recycled to new buses when old buses go out of service. Mr. Horton replied that the Town would take that into account, noting that buses typically last 12-14 years.
Council Member Evans asked if there was a funneling system through which the Board knows about requests that have been made to Council members. She also asked how the tiers on the current list had been prioritized. Ms. Gordon explained that the downtown area became a lower priority because there generally is a choice of routes there. She said that the Board had given higher priority to other roads where there are no sidewalks. Ms. Gordon added that areas near pedestrian centers and schools received high priority. She said that the Board had decided to give a higher priority to roads on which the speed limit was higher because pedestrians there are in greater danger if no sidewalks exist. Ms. Gordon added that citizens’ requests were one of the items by which the Advisory Board had prioritized.
Council Member Evans remarked that constructing sidewalks along US 15-501 might not be the best use of funds.
Council Member Strom asked Ms. Gordon to explain some of the rationale that went into the second tier recommendations. Ms. Gordon explained that there are worn paths along that part of Fordham Boulevard on both sides of the road. She noted that people do walk there even though there is no sidewalk, and pointed out that traffic there is above the speed limit.
Council Member Evans explained that she had not been questioning the part of US 15-501referred to in the second tier, with which she agreed, but wondered about Fordham Boulevard from Manning Drive to Carmichael, which was listed in the report under “other sidewalk priorities.”
Council Member Ward expressed agreement with Council Member Evans’ earlier remark about finding a better way to funnel comments and requests made to Council members to the Advisory Board. He suggested that Council Members routinely forward these requests to the staff liaison, Claudia Paine.
COUNCIL MEMBER WIGGINS MOVED R-6, SECONDED BY COUNCIL MEMBER PAVÃO.
Council Member Brown pointed out that there had been a number of requests over the years. Mr. Horton replied that the staff had maintained that list, and requested that Council members refer requests to the staff so that they can continually update that list.
Mayor Waldorf asked that the information prepared for the public hearing include the list of sidewalk priorities that the Council looked at 15 months ago when it appropriated money in the 1999-2000 budget for sidewalk improvements. She said that she would like to see which ones remain. Mayor Waldorf noted that the Council had established a ranking system for priorities and had tried to follow that.
THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION CALLING A PUBLIC FORUM TO HEAR CITIZEN COMMENTS AND INPUT REGARDING A SIDEWALK AND BICYCLE FACILITIES CONSTRUCTION PLAN FOR FY 2000-2001 (2000-09-11/R-6)
WHEREAS, the Chapel Hill Town Council has received a report from the Bicycle and Pedestrian Advisory Board regarding recommendations for the Sidewalk and Bicycle Facilities Construction Plan for FY 2000-2001;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council refers the report to the Town Manager for preparation of a recommended Sidewalk and Bicycle Facilities Construction Plan for FY 2000-2001 and hereby sets a Public Forum for Monday, October 23, 2000, to consider the proposed Plan.
This the 11th day of September, 2000.
Item 6 - Proposed Rezoning for Affordable Housing Initiatives
Planning Director Roger Waldon explained that the Council had directed the staff in August to look at rezoning as a means to reach affordable housing objectives. He said that the staff had been asked to identify candidates for possible rezoning and to prepare a summary of how the Council might rezone undeveloped property. Mr. Waldon referred to maps in the packet which showed undeveloped property that met the criteria the Council established on August 28, 2000. He added that Resolution R-7 would call for a public hearing on January 16, 2001, to consider rezoning these properties for affordable housing.
Council Member Strom asked why the size limit had been established at three acres. Mr. Waldon replied that it was unlikely that a request would come in for rezoning a smaller parcel since there would have to be seven units for the 15% affordable housing requirement to be one unit. Council Member Strom said that the Town might want to apply the new zoning ordinance to dense housing units on smaller acreage in Town.
Mayor Waldorf asked Mr. Waldon to comment on the residential density that is permitted in the downtown area. Mr. Waldon explained that the density cap which the Town has in other areas of Chapel Hill does not apply to downtown. He said that limitations downtown are based on floor/area ratio rather than density cap. Mr. Waldon noted that downtown is the only area in Chapel Hill where a high number of units can be on a small piece of land. He added that there really is no undeveloped land downtown. Council Member Strom asked how and when the Council would be able to request affordable housing in downtown projects. Mr. Waldon replied that such requests would be made when the developer comes before the Council for a Special Use Permit.
Council Member Brown asked about guarantees of continued affordability for projects that go through this process. Town Attorney Ralph Karpinos replied that this would be decided when there is the possibility of up-zoning through a Special Use Permit.
Council Member Evans expressed concern that there might be neighborhood opposition to rezoning, particularly on sites that have R-1 neighborhoods surrounding them. She also said that it did not appear as though all of the identified sites were residential, noting that this should be specified. Council Member Evans remarked that it seemed short-sighted to rezone commercial land as residential. She expressed concern that individuals might build bigger houses on bigger parcels of land, which would be the opposite of the Council’s objective. Council Member Evans asked how many affordable units might result from rezoning. She wondered if there was another way of achieving the goal, such as having an affordable housing overlay zone which would offer incentives to build affordable housing rather than requiring it. Council Member Evans asked if R-1 was even legal, and suggested removing parcels that could not be legally justified as spot zoning.
Council Member Bateman asked if Council Member Evans was suggesting not having a public hearing. Council Member Evans replied that she thought the Council would be causing concerns in these neighborhoods for very little benefit. She said that she wondered if there was another way of achieving the Council’s goal. Council Members Bateman and Brown said that they would like to proceed with the public hearing, but Council Member Brown said that she too had concerns about R-1.
Council Member Wiggins asked how many of the properties currently had non-residential zoning. Mr. Waldon replied that there were mixed-use properties along Eubanks Road and in the northeast gateway area along US 15-501 and in the Glen Lennox area.
Council Member Evans pointed out that the Council had asked for the list to include only residential property. Mr. Horton suggested that the staff do a follow-up report addressing these issues before the Council decides whether or not to proceed with a public hearing. Council Member Ward agreed.
Mayor Waldorf clarified that the staff was asking the Council to look at properties that are not in the extraterritorial jurisdiction (ETJ). She said that parcels on Map One, noted in yellow and green and which have potential for achieving the objective, should be looked at as well. Mr. Waldon noted that multi-jurisdictional areas were not on Map One because they carry intensity that is lower than R-1 and would require up-zoning, which was not what the Council intended.
COUNCIL MEMBER WARD MOVED TO REFER R-7 FOR FURTHER REFINEMENT AND DELETION OF NON-RESIDENTIAL PROPERTIES. COUNCIL MEMBER WIGGINS SECONDED.
Council Member Strom proposed including neighborhood commercial sites which have the potential to become residential.
Council Member Brown asked to include some reasonable speculation about guarantees for continuing affordable housing.
COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER WIGGINS, TO RECEIVE AND REFER RESOLUTION 7 AS AMENDED TO CULL OUT PROPERTIES THAT ARE NOT RESIDENTIAL, MAINTAIN COMMERCIAL SITES THAT HAVE THE POTENTIAL TO BECOME RESIDENTIAL, INCLUDE SPECULATION AS TO CONTINUING AFFORDABILITY, AND COME BACK WITH A LIST OF PROPERTIES TO CONSIDER FOR CHANGING THE ZONING TO R-1. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item 7 - Request from First Baptist Church for a Site Acquisition Grant
for its HUD Section 202 Elderly Housing Program
Planning Coordinator Chris Berndt summarized the First Baptist Church’s request for a $100,000 grant to help with the construction costs for its HUD Section 202 Elderly Housing Project, known as Manley Estates. She proposed that the grant come from two sources:
1. Funds reimbursed to the Town’s Housing Trust Fund upon cancellation of a portion of the Town’s lien on property to be acquired for an estimated $55,000; and
Ms. Berndt stated that R-8 would approve the $100,000 grant to the project and O-7 would amend the Housing Loan Trust Fund budget.
COUNCIL MEMBER BATEMAN MOVED R-8, SECONDED BY COUNCIL MEMBER WARD.
Council Member Strom expressed support for the project but concern about money being given as a grant from the Housing Loan Trust Fund, which has traditionally been a revolving fund. He suggested finding out if there was any residual money from the Contingency Fund. Council Member Strom also asked if the applicant would consider repaying the revolving loan fund. Ms. Berndt explained that there was a contingency in the project in the pro forma of about $70,800, which represents 2% of the project and is a very low amount for contingency. She said that the Trust Fund money does typically revolve, but noted that the Council may elect to grant funds from it. Ms. Berndt pointed out that this project will provide permanent affordable housing for at least 40 years. She added that the Town already had put $45,000 into the project and that the current contract states that the project will repay that loan if there are funds available. Ms Berndt noted that a similar arrangement could be specified for this amount.
Council Member Strom asked if the applicant would consider repaying any funds available at the end of the project so that they could be used for future projects. L. Lane Sarver, housing consultant for the project, explained that the 2% contingency was a mandated amount which is part of the HUD Section procedures and regulations. He said that any of those funds not used must stay in the project and become part of a reserve fund, according to HUD rules. Mr. Sarver stated that any savings other than those, after the end of construction and the final reconciliation of costs, would be available to go back into the Housing Loan Trust Fund.
Council Member Strom proposed an amendment asking the Manager to address the possibility of the applicant refunding any excess funds to the Town’s Housing Loan Trust Fund. Council Members Bateman and Ward accepted that as a friendly amendment.
Council Member Wiggins expressed concern that the amendment might mean sacrificing amenities that would enhance the project. She noted that the Town was investing only $3,645 in each of these units, and emphasized that this is a very small price to pay to get 40 affordable units for elderly citizens. Council Member Wiggins stressed her desire to have the units as nice as possible, and added that she would like the applicant to use all of the money, perhaps more. She advised against making the applicant to feel that they had to sacrifice amenities in order to refund the $45,000.
Council Member Strom replied that he merely wanted to make this a loan rather than a grant. Council Member Wiggins replied that she wanted it to be a grant.
Council Member Bateman said that she viewed it as a grant but wanted the Manager to explore whether any remaining funds could be returned to the Housing Loan Trust Fund. Mr. Horton pointed out that this is an audited project and that any remaining money would be returned after the project was completed. He said that the project would not be harmed by this suggestion because it must be completed before that audit. Mr. Horton predicted that the likelihood of any significant savings would be small. Council Member Wiggins said that she was satisfied with that answer. She advised the applicant to “spend it all.”
THE MOTION TO ADOPT R-8 AS AMENDED WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING A $100,000 GRANT FROM THE HOUSING LOAN TRUST FUND TO THE FIRST BAPTIST CHURCH FOR ITS HUD SECTION 202 ELDERLY HOUSING PROJECT (2000-09-11/R-8)
WHEREAS, on February 22, 1999, the Council provided a $25,000 grant to the First Baptist church to conduct a feasibility study of property located on Park Road for preparation of a HUD Section 202 Elderly Housing Application; and
WHEREAS, on May 10, 1999, the Council allocated an additional $10,000 to the First Baptist Church for the feasibility study and an increase in the cost of a land option; and
WHEREAS, on May 22, 2000, the Council allocated an additional $10,000 to the First Baptist Church for land option payments; and
WHEREAS, the First Baptist Church has been awarded funding from the U.S. Department of Housing and Urban Development to construct 40 units of rental housing for very low income elderly households in Chapel Hill; and
WHEREAS, the First Baptist Church has requested that the Council provide additional “gap financing” in the amount of $100,000 to help defray the high cost of land and construction costs in Chapel Hill;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes a grant of $100,000 from the Housing Loan Trust Fund to the Section 202 Elderly Housing Project, known as Manley Estates, for the specific purpose of assisting with land acquisition and construction costs, from the following sources:
a) reimbursement to the Housing Loan Trust Fund upon cancellation of a portion of the Note and Deed of Trust on the property (from the loan to the Pines Community Center on this property) in the estimated amount of $55,000;
b) an estimated $45,000 in program income to be budgeted in the Housing Loan Trust Fund.
BE IT FURTHER RESOLVED that in the event that funds remain in the project budget after completion, the Manley Estates project will reimburse the Town’s Housing Loan Trust Fund for funds provided initially as a grant, upon completion of a project audit by the U.S. Department of Housing and Urban Development.
BE IT FURTHER RESOLVED that the Town Manager is authorized to enter into a Performance Agreement with the First Baptist Church in accordance with the terms of this memorandum to Council of September 11, 2000; and to provide funds at the closing of the property up to the total amount specified in this resolution.
This the 11th day of September, 2000.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER BATEMAN, TO ADOPT O-7. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 (2000-09-11/O-7)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2000” as duly adopted on June 26, 2000, be and the same is hereby amended as follows:
ARTICLE I
Current Revised
APPROPRIATIONS Budget Increase Decrease Budget
HOUSING LOAN
TRUST FUND 205,406 100,000 305,406
HOUSING LOAN
TRUST FUND 205,406 100,000 305,406
This the 11th day of September, 2000.
Reverend J. R. Manley expressed gratitude to the Council for being “patient, long-suffering and supportive,” and invited the Council to the groundbreaking. Mayor Waldorf thanked Rev. Manley on behalf of the Council for bringing more than $3.2-million to the community and building 40 affordable homes for elderly citizens.
Processing for a Special Use Permit Modification
Mr. Horton reported that the staff had been unable to find a criterion that would allow the Town to justify the Special Use Permit request.
Timothy Kimbrough, rector of Holy Family Church, stated that expedited processing would serve the public interest. He explained that 30% of the 36 spaces in the church’s day care center were reserved for low-income families. Rev. Kimbrough argued that a safe, orderly, and timely transition to new quarters may depend on having the application approved.
Dave Worster, representing the Holy Family Church, stated that June would be the best time to relocate the daycare center because the church’s numbers always drop slightly in the spring. He added that breaking ground in the spring would make the project less expensive. Mr. Worster asked the Council to approve the expedited review, which he said would preserve the trust and confidence of families in the church as well as the overall health, stability and operation of the day care center.
Council Member Bateman commented that places of worship and schools do serve a public purpose.
Council Member Ward noted that moving day care facilities is a difficult task even under the best circumstances. He suggested that the Council do all they can to help by expediting the request.
Council Member Wiggins also supported the resolution and asked Mr. Waldon to explain in a memo what expedited review means in terms of how much time an application takes with and without it. Mr. Waldon agreed to do so.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT R-9. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF SPECIAL USE PERMIT MODIFICATION APPLICATION FOR CHURCH OF THE HOLY FAMILY (2000-09-11/R-9)
WHEREAS, the Town Council has received a petition from Dave Worster for expedited processing of a Special Use Permit Modification application seeking to expand the Church of the Holy Family; and
WHEREAS, the proposal includes the provision of additional floor area and parking; and
WHEREAS, the proposal would satisfy a public purpose objective;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of a Special Use Permit Modification application for Church of the Holy Family, in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 11th day of September, 2000.
Mr. Horton reported that the staff was unable to find a criterion that would allow them to justify the Special Use Permit request.
Council Member Bateman asked to be excused from the discussion because 90% of referrals to her tutoring service come from Pediatric Psychology and Chapel Hill Pediatrics. She said that she also has a financial interest in the project under discussion. Council Member Bateman was excused and left the Chamber.
Council Member Evans asked why this request was different from one granted to Chapel Hill Internal Medicine. Mr. Horton replied that the staff had not recommended that one either.
Jennifer Lail, a physician at Chapel Hill Pediatrics, stated that Chapel Hill Pediatrics had been looking for a larger space for three years. She said they had found what they believe to be an ideal location on Sage Road. Dr. Lail pointed out that doctors at her practice often work 13 hours a day because overcrowding prevents them from serving patients in a timely manner. She said that 51% of Chapel Hill Pediatrics’ patient population lives in Chapel Hill, adding that this included a significant percentage of Medicare patients. Dr. Lail explained that the practice had not wanted to put its building in a place where the cost would be high because costs would have to be passed on to patients.
Mayor Waldorf expressed support for the expedited review and urged Council members to support it.
COUNCIL MEMBER EVANS MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO ADOPT R-10. THE MOTION WAS ADOPTED UNANIMOUSLY (7-0), WITH COUNCIL MEMBER BATEMAN EXCUSED FROM VOTING.
A RESOLUTION DIRECTING EXPEDITED PROCESSING IN THE REVIEW OF SPECIAL USE PERMIT APPLICATION FOR CHAPEL HILL PEDIATRICS
(2000-09-11/R-10)
WHEREAS, the Town Council has received a petition from Dr. Jennifer Lail for expedited processing of a Special Use Permit application for Chapel Hill Pediatrics; and
WHEREAS, the proposal involves a new building on Sage Road; and
WHEREAS, the proposal would satisfy a public purpose objective;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to expedite processing of a Special Use Permit application for Chapel Hill Pediatrics, in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 11th day of September, 2000.
Item 10 - Adoption of salaries for the Manager and Attorney
Council Member Pavão noted that there was a typographical error in the ordinance regarding Mr. Karpinos’ proposed salary, stating that the new salary should be $110,000. Council Member Brown stated that she would vote against O-8, but emphasized that she was not voting against the raises per se but against their amounts. She argued that it was not appropriate at a time when the Town had increased taxes and would be reducing services to approve raises of 12 percent.
Mayor Waldorf stated that the Council had done an evaluation on the Manager and the Attorney on September 21st. She said that the year had been extremely positive in terms of performance measures and that the Council felt it was important to reward both men for work well done. Mayor Waldorf pointed out that these raises would correct their relative compensation in the pay scale now that all Town employees would be paid at the 75th percentile of market rate. She stated that the Council felt it was appropriate and fair to compensate the Manager and the Attorney using the same principles they use for other Town employees. Mayor Waldorf said that backup information from consultants justifies the raises, adding that the bottom of the consultants’ recommended range was higher than the amount the Council had proposed.
COUNCIL MEMBER PAVÃO MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO ADOPT O-8 AS CORRECTED. THE MOTION WAS ADOPTED (7-1) WITH COUNCIL MEMBER BROWN VOTING NAY.
AN ORDINANCE AMENDING THE POSITION CLASSIFICATION AND PAY PLAN DATED OCTOBER 20, 2000 (2000-09-11 /O-8)
BE IT ORDAINED by the Council of the Town of Chapel Hill that the Ordinance Establishing a Position Classification and Pay Plan (2000-06-26 /O-10) is amended as follows:
In Section IV, part B, under Elected and Appointed Officials, DELETE the lines
Position: No.
Town Manager 1 $107,235
Town Attorney 1 $ 99,091
and ADD the lines
Position: No.
Town Manager 1 $121,000
Town Attorney 1 $110,000
This the 11th day of September, 2000
Item 11 - Proposal to Sell Town Land Adjacent to Bolin Creek Trail
Mr. Horton introduced Parks and Recreation Department Administrative Analyst Bill Webster to answer questions about the 0.4-acre site along Bolin Creek Trail. Mr. Webster explained that Curve Inn LLC, the owners of Café Driade, had expressed interest in purchasing that land so they would have the appropriate floor/area ratios to build a new office building. He said that this could be done in a way that would not compromise the open space value of the property. Mr. Webster noted that he was not taking a position one way or the other on whether the office building should be built.
Mr. Webster noted that one Council member had inquired about the difference between what could be built with the current acreage and what could be built with the additional 0.4-acre. He said that Curve Inn LLC could now build a 12,000 square foot building (approximately), but could build one a bit larger than 16,000 square feet if the Town sold them the additional land. Mr. Webster explained that the owner wanted to construct a 15,000 square foot building, which probably would not require a Special Use Permit.
Council Member Strom recommended that the Council ask an appraiser to evaluate the 0.4-acre in the context of its value to the adjacent property. He recommended asking for an appraisal of the value of the property with its highest and best use after this 0.4-acre is added.
Mayor Waldorf commented that Council Member Strom’s position was the same one that Council Member Foy, who was absent, had asked her to convey to the Council on his behalf.
Curve Inn LLC owner Larry Hayes stated that his intent was not so much to max out the amount of office space as to create a nice green zone along the northern boundary. He said that he wanted to locate the building there because it would be protected by land along the greenway with walking access from Chapel Hill. Mayor Waldorf replied that the Town wanted to sell Mr. Hayes the land but also wanted to be clear about its value.
COUNCIL MEMBER STROM MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ASK THE MANAGER TO HAVE AN APPRAISER LOOK AT THE PROPERTY REGARDING ITS VALUE WITH THE HIGHEST AND BEST USE AFTER THE 0.4-ACRE IS ADDED TO IT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item 12 - Options for Possible Implementation of New Parking
Regulations on Private Property
Mr. Karpinos explained that the Town had received additional authority from the General Assembly this summer that would allow it to enact regulations against parking cars on private property. He said that if the Council enacted an ordinance under this new authority it could allow, with the owner’s permission, Town staff to write tickets on specific cars that were parked in violation of the ordinance. Mr. Karpinos explained that an owner of private property would come to the Council and request that the ordinance be applied to his/her property. He said that the various options for how to proceed were in the memo and asked the Council for guidance on which ones to implement.
Council Member Wiggins, co-chair of the Rental Licensing Work Group, spoke in favor of options one, five, or both.
Council Member Brown agreed.
Council Member Evans expressed support for option one, and spoke against placing signs on every property.
Mayor Waldorf asked if adopting option one would mean having a pubic hearing. Mr. Karpinos said that it would not. He also explained that it would be important to have signs on properties to indicate the regulations.
Council Member Bateman asked what time of day the regulations would be effective, noting that 20 people coming to her house for a party on Saturday night would not all fit in her driveway. Mr. Karpinos replied that it could be written into the ordinance that the owner could apply for an occasional exemption from the ordinance. He pointed out, though, that only the owner of the property could request that the ordinance apply in the first place.
Council Member Brown ascertained that this would not apply in the case of a circular driveway that was not used for parking and where the owner did not want parking. Mr. Karpinos replied that the idea was to draft an ordinance and see if people ask that it be applied to their property. He pointed out that the new statutory provision allows the Council to consider enacting some other regulation if someone wants it. He remarked that the Town could not anticipate all of the requests that might be made and might eventually have to add new provisions to the ordinance. Explaining that some had stated that they did not want the ordinance because they were not at home enough to enforce it, Mr. Karpinos pointed out that those property owners might be willing to have the ordinance put on their property if the Town would enforce it.
Council Member Brown inquired about the process for option one. Mr. Karpinos recommended that he draw something up and bring it back to the Council so that they could decide whether or not to hold a public hearing before enacting it. He noted that they could also merely enact it and see if anyone applies.
COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER WARD, TO HAVE THE TOWN ATTORNEY DRAFT A PROPOSAL FOR IMPLEMENTING OPTION NUMBER ONE, TAKING TONIGHT’S COMMENTS INTO ACCOUNT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
Item 13 - Calling a Public Forum Regarding Dog Parks and Potential Sites,
and an Interim Report from the Dog Park Committee
Council Member Bateman, who served on the Dog Park Committee with Council Members Strom and Wiggins, explained that the Committee had been looking at options for a leash-free park as an alternative to Merritt’s Pasture, which requires that dogs be on leashes. She explained that the Committee’s goals were to establish several small parks (one to five acres) on Town-owned land scattered throughout Town. Council Member Bateman added that the Committee had looked for land with good drainage and had agreed that fencing would be essential.
Council Member Strom remarked that dog parks fit into the social, community-building profile that the Town wants from the Parks and Recreation Department. He said that he looked forward to receiving citizen input at the public forum regarding the sites that were chosen.
Mr. Webster listed the potential sites:
· Along the right side of the entrance drive to Homestead Park;
· OWASA property on Piney Mountain Road abutting North Forest Hills;
· The northern portion of Cedar Falls Park below the ball fields;
· Pritchard Park near the eastern corner of the parking lot which serves the library;
· The Community Center, at the front near Estes Drive;
· The Community Center, at the back by the Parks Administration building;
· Several small pieces in the Clelan Road open space area;
· Somewhere in Meadowmont Park after it is built;
· OWASA property off Merritt Mill Road;
· West of the 15/501 bridge at the north side of Morgan Creek;
· Almost anywhere in Southern Community Park.
Mayor pro tem Pavão asked if the Committee had come to any conclusion about how many dog parks would be needed. Council Member Bateman replied that they had not, adding that she would suggest four small parks for the four quadrants for the short term.
Council Member Evans recommended considering placing parks within walking distance of multi-family housing. Council Member Evans asked if the Committee had looked at Duke Power easements. Mayor Waldorf stated that Duke Power easements could not be fenced in, but Council Member Evans replied that the Town could fence in portions of them. Council Member Evans also said that she thought some of the recommended land was in the Resource Conservation District. She noted that fences would not be allowed in those areas. Mr. Horton replied that he thought there was provision for fencing in those areas under some circumstances.
Council Member Brown remarked that she had received e-mail from a citizen who was concerned about the Rogerson/Oakwood Drive site being a small space that was too close to houses and had traffic problems. Mayor Waldorf commented that this was a good list because it was exhaustive. She noted that Southern Community Park, Meadowmont, and Cedar Falls Park definitely could work as dog parks and that some of the others probably could work as well.
Council Member Ward stated that all of the parks probably would be controversial. He suggested reducing the number of choices before putting the idea out for public comment. Council Member Ward also asked how much a six-foot high, fenced-in acre would cost, noting that the cost would be much more than the reported $4,000 for 7,200 square feet.
Mayor Waldorf asked for other Council members’ opinions about narrowing the list.
Council Member Strom replied that the reason for holding a public forum was to get input early in the process.
Council Member Ward suggested that the Council only recommend sites that were “wonderful” in Committee Members’ minds, because even then, there will be some who will not like them.
Council Member Bateman replied that the two OWASA sites, which the Town does not control, could be eliminated. She solicited guidance regarding other sites from Council members.
Mayor Waldorf commented that people might not want a chain-link fence at Cleland Drive.
Mayor pro tem Pavão, noting that most dog parks have only four-foot fences, asked why the Committee had determined that the fence be six feet. Mr. Horton replied that some large dogs can easily jump a four-foot fence. He said that there might be concern about public safety.
Council Member Brown pointed out that there might be restrictions at the OWASA sites regarding open space.
Council Member Bateman agreed to take the Council’s comments back to the Committee and to return to the Council with a more focused list. She suggested that Council Members discuss what format they want the public forum to take.
Mayor Waldorf wondered about staff review, and Council Members Bateman, Wiggins and Strom agreed to have the staff review the report. They also agreed to wait until that had been done before setting a date for a forum.
Council Member Wiggins said that the Committee wanted the public to know that they would not site a dog park anywhere without having an open process from the start. She explained that she had wanted to be part of this Committee because she believes that dog lovers can get “carried away.” Council Member Wiggins stressed that she wanted those who have anxieties around dogs to be assured that their needs would not be forgotten. She expressed confidence that no citizens would have to worry about their safety if the Town moved in this direction.
Council Member Ward suggested working out details, such as time of use, early in the process. He suggested having four big parks because small ones would not survive foot pounding. Mayor Waldorf summarized what the Council had decided: Council Members agreed by consensus to refer the item back to the Committee and to the Manager for further comment and refinement, and expressed support and appreciation for the work the Committee had done.
Mayor pro tem Pavão asked if there were any existing dog parks in nearby communities. Council Member Bateman replied that there was one near Saxapahaw. Mayor pro tem Pavão suggested obtaining a videotape of that park.
Item 14 - Appointments
14a. Board of Adjustment
Mayor Waldorf recommended appointing Mr. Lee Culpepper to a temporary emergency position on the Board of Adjustment since there had not been a requisite number of applicants. Council Members agreed. Mayor Waldorf suggested that all Council Members try to recruit someone for the Board of Adjustment.
COUNCIL MEMBER EVANS MOVED, SECONDED BY MAYOR PRO TEM PAVÃO, TO ADOPT RESOLUTION R-13 TEMPORARILY APPOINT LEE CULPEPPER TO THE BOARD OF ADJUSTMENT. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION NOMINATING AND APPOINTING LEE CULPEPPER TO A TEMPORARY SEAT ON THE BOARD OF ADJUSTMENT (2000-09-11/R-13)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby nominates and appoints Lee Culpepper to a temporary seat on the Board of Adjustment, to be in effect until such time as the Board is successful in filling vacancies.
This the 11th day of September, 2000.
14b. Housing and Community Development Advisory Board. Tracy Dudley.
|
Housing and CommunityDevelopment Advisory Board |
Council Members |
||||||||||
Applicants |
Waldorf |
Bateman |
Brown |
Evans |
Foy |
Pavão |
Strom |
Ward |
Wiggins |
TOTAL |
|
|
Tracy Dudley |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
||
|
David Roth |
0 |
||||||||||
14c. Library Board of Trustees. Beverly C. Kawalec.
|
Library Board of Trustees |
Council Members |
|||||||||||
Applicants |
Waldorf |
Bateman |
Brown |
Evans |
Foy |
Pavão |
Strom |
Ward |
Wiggins |
TOTAL |
||
|
Norman S. Fielekd |
0 |
|||||||||||
|
Beverly Kawalec |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
|||
14d. Personnel Appeals Committee. Jerry Howerton.
|
Personnel Appeals Committee |
Council Members |
|||||||||||
Applicants |
Waldorf |
Bateman |
Brown |
Evans |
Foy |
Pavão |
Strom |
Ward |
Wiggins |
TOTAL |
||
|
Jerry Howerton |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
|||
14e. Public Arts Commission. Renee Piechocki.
|
Chapel Hill Public ArtsCommission |
Council Members |
|||||||||||
Applicants |
Waldorf |
Bateman |
Brown |
Evans |
Foy |
Pavão |
Strom |
Ward |
Wiggins |
TOTAL |
||
|
Renee Piechochi |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
|||
14f. Rental Licensing Work Group. Carolyn C. Baucom, Dorothy C. Bernholz, Bill Bracey, Dean L. Bresciani, Joe Capowski, Lee Conner, Estelle Mabry, Stephen Manton, Steve Mills, Velma L. Perry and Elizabeth C. Pringle. Mayor Waldorf announced that Town Clerk Joyce Smith had pointed out that three additional people had received four votes each and suggested limiting the pool for the twelfth member to those three applicants: Catherine Frank, John M. Headley and Mark R. Patmore. Council members agreed, voted again, and forwarded their votes to the Town Clerk for counting. John Headley was appointed as the twelfth member of the Work Group.
|
Rental Licensing Work Group |
Council Members |
|||||||||||
Applicants |
Waldorf |
Bateman |
Brown |
Evans |
Foy |
Pavão |
Strom |
Ward |
Wiggins |
TOTAL |
||
|
Carolyn C. Baucom |
X |
X |
X |
X |
X |
5* |
||||||
|
Dorothy C. Bernholz |
X |
X |
X |
X |
X |
X |
X |
7* |
||||
|
Bill Bracey |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
|||
|
Dean Bresciani |
X |
X |
X |
X |
X |
X |
X |
7* |
||||
|
Joe Capowski |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
|||
|
Gary Carden |
X |
1 |
||||||||||
|
C. Lee Conner |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
|||
|
Barbara Evans |
0 |
|||||||||||
|
J. Gordon Fisher |
X |
X |
2 |
|||||||||
|
Catherine Frank |
X |
X |
X |
X |
4 |
|||||||
|
Adam Golden |
X |
1 |
||||||||||
|
John Headley |
X |
X |
X |
X |
X |
X |
X |
7* |
||||
|
Estelle Mabry |
X |
X |
X |
X |
X |
5* |
||||||
|
Jim Maney |
X |
X |
2 |
|||||||||
|
Stephen Manton |
X |
X |
X |
X |
X |
X |
6* |
|||||
|
Steve Mills |
X |
X |
X |
X |
X |
5* |
||||||
|
Takcus Nesbit |
X |
X |
2 |
|||||||||
|
Mark Patmore |
X |
X |
X |
X |
4 |
|||||||
|
Velma Perry |
X |
X |
X |
X |
X |
X |
X |
7* |
||||
|
Kathy Powell |
X |
X |
2 |
|||||||||
|
Elizabeth Pringle |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
|||
14g. Stormwater Utility Study Committee. Robin Vincent.
|
Stormwater Utility StudyCommittee |
Council Members |
|||||||||||
Applicants |
Waldorf |
Bateman |
Brown |
Evans |
Foy |
Pavão |
Strom |
Ward |
Wiggins |
TOTAL |
||
|
Robin Vincent |
X |
X |
X |
X |
X |
X |
X |
X |
8* |
|||
Item 15 - Petitions
15a. By the Mayor and Council Members.
1. Jim Ward regarding Walk Our Children to School Day
Council Member Ward presented a petition to proclaim October 4, 2000, as “Walk Our Children to School Day,” which would coincide with the first International Walk to School Day. He said that the Bikes and Pedestrian Advisory Board would take a lead on this event and expressed hope that each Council member would participate.
Council Member Evans asked where the money would come from. Mr. Horton replied that it would come from the Council’s Contingency Fund.
Mayor Waldorf pointed out that much of the publicity would be free.
Council Member Evans commented that a $500 price for publicity was a little high and might not set a good precedent. Council Member Ward explained that the price was a maximum. He said that the Bikes and Pedestrian Advisory Board would try to get free publicity and that the cost probably would not approach that figure at all.
Council Member Wiggins asked how much money was in the Contingency Fund. Mr. Horton replied that it was more than $50,000.
Council Member Strom asked if part of the money would be used for conducting surveys. Council Member Ward replied that there would be a survey on the backs of notices sent out and the hope was that people would return them. Council Member Strom commented that getting that feedback was well worth the expenditure.
COUNCIL MEMBER WIGGINS MOVED, SECONDED BY COUNCIL MEMBER STROM, TO ADOPT R-15. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
A RESOLUTION AUTHORIZING THE MANAGER TO PROVIDE STAFF SUPPORT FOR THE "WALK OUR CHILDREN TO SCHOOL DAY" AND TO PUBLICIZE THIS EVENT IN LOCAL NEWSPAPERS (2000-09-11/R-15)
WHEREAS, the Town of Chapel Hill has proclaimed October 4, 2000 as "Walk Our Children to School Day;"
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to provide staff support for copying informational flyers, and authorizes a maximum of $500 to be used to publicize the event in local newspapers.
This the 11th day of September, 2000.
2. Joyce Brown regarding the Virginia Alliance for Solar Electricity Photovoltaic Program Grant
15b. By the Manager and Attorney (none).
Item 16 - Reserved for Discussion of Consent Agenda Items If Necessary
4i. Mayor Waldorf expressed appreciation to the staff for their response to the petition from Tau Epsilon Phi. She asked if the Council would consider calling a public hearing to announce its intention to revise the Special Use Permit, changing the requirement from 20 to 30 persons. Mr. Horton read the revised language that would appear in the motion: “That the Council call a public hearing for October 11, 2000, to consider a proposal to modify the Tau Epsilon Phi fraternity house Special Use Permit such that the specified occupancy limit be raised from 20 on-site residents to 30 on-site residents, and that the Planning Board is requested to conduct a review of this proposal prior to October 11, and that the Town Manager is requested to prepare materials for the October 11 public hearing such that the Council would be in the position to act on the application on October 11 immediately following the close of the hearing. And further, in consideration of the circumstances, that the application fee for this application be waived.”
Council Member Wiggins asked if the Council could discuss changing the parking requirements as well. Mr. Horton replied that they could if they wished to do so.
MAYOR PRO TEM PAVÃO MOVED, SECONDED BY COUNCIL MEMBER WARD, TO ADOPT THE TOWN MANAGER’S PROPOSAL: THAT THE COUNCIL CALL A PUBLIC HEARING FOR OCTOBER 11, 2000, TO CONSIDER A PROPOSAL TO MODIFY THE TAU EPSILON PHI FRATERNITY HOUSE SPECIAL USE PERMIT SUCH THAT THE SPECIFIED OCCUPANCY LIMIT BE RAISED FROM 20 ON-SITE RESIDENTS TO 30 ON-SITE RESIDENTS, AND THAT THE PLANNING BOARD IS REQUESTED TO CONDUCT A REVIEW OF THIS PROPOSAL PRIOR TO OCTOBER 11, AND THAT THE TOWN MANAGER IS REQUESTED TO PREPARE MATERIALS FOR THE OCTOBER 11 PUBLIC HEARING, SUCH THAT THE COUNCIL WOULD BE IN THE POSITION TO ACT ON THE APPLICATION ON OCTOBER 11 IMMEDIATELY FOLLOWING THE CLOSE OF THE HEARING. AND FURTHER, IN CONSIDERATION OF THE CIRCUMSTANCES, THAT THE APPLICATION FEE FOR THIS APPLICATION BE WAIVED. THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).
The meeting was adjourned at 9:48 p.m.